United States District Court judge Gary A. Feess has a horrible Christmas present for Watchmen fans. The judge concluded on Wednesday that 20th Century Fox “should prevail on crucial issues” in their lawsuit with Warner Bros over the rights to the comic book movie adaptation. According to the New York Times, Feess says that “Fox owns a copyright interest consisting of, at the very least, the right to distribute the Watchmen motion picture” and that “The parties may wish to turn their efforts from preparing for trial to negotiating a resolution of this dispute or positioning the case for review.” The trial had been scheduled for January.

You’re probably wondering what this decision means to you, the eager movie ticket buyer. Let me preface this by saying that I’m not a lawyer, but this is what I have gathered from the various legal articles I have consumed over the last few months. To start, it means that Warner Bros likely has no rights to distribute a film based on the Watchmen graphic novel. They could appeal this ruling and continue to fight, what is appearing to seem like an unwinnable battle, or start negotiating with Fox on some sort of settlement. An earlier LA Times report states that:

“The more likely outcome is Fox studio chief Tom Rothman or Warners’ head Alan Horn striking some sort of compromise deal in which the studios share the movie’s costs and proceeds. But because Warners already is sharing the portion of the film it didn’t sell to Paramount with financing partner Legendary Pictures, the studio doesn’t have that much to divvy up.”

The talks will likely result in a deal that will give Fox co-distribution rights to the film, or even full rights to the motion picture. It seems doubtful that Fox would squash the release of the film altogether, but from what I understand, that possibility exists. Making a deal with Warner Bros could be a dangerous precedent for the company to make to make in terms of copyright ownership.

That said, I would be surprised if a deal doesn’t go down. Also, I would be surprised if Watchmen keeps it’s March release date. If Fox and Warner Bros can’t ink a deal before mid January, the Judge will issue the injunction to prevent the release of the film in March.  I doubt that the two companies will come to a deal in the next two weeks, so its very possible that the film might be pushed back to Summer. Nikki Finke says that “if WB goes own the appeal road, then Watchmen may not come out until 2011 considering the glacial speed which the court system move.” There will be a lot more to this story, and we will keep you updated as the news comes in.

Related Posts with Thumbnails

  • A Person
    They should just scrap everything they have and let Uwe Boll direct this. That guy is awesome
  • Amy
    One thing commenters here don't seem to be grasping is that the vast majority of people who see this movie won't know or care about this legal debacle. Even if everyone who has been following this story decides to boycott Fox releases (and there does seem to be dubious reason for that, given the full back story - "because I don't like it" is not a valid legal argument) it's a drop in the bucket compared to total number of cinema goers/television watchers.

    Taking a less objective approach, 300 sucked harder than X3, which is a whole lot of sucking, so I don't hold particularly much hope that this will be as super-awesome as everyone else here seems to. It looks like they've already desecrated the legacy of The Spirit, I can wait a few more months before seeing them do it to another legend.
  • Fatality! :)
  • It's not actually a known thing if WB did in fact know that Fox had rights to distribute the film. It seems to me like Fox waited around a bit to actually file a lawsuit. If WB did know about this then that's a whole different case in and of itself. There will be no sharing any rights in that case.
  • cubfan
    The Watchmen movie will never be released now. The tools at Fox won their frivolous lawsuit and Warner’s will never let those idiots distribute their movie, NEVER! Fox will never be able to get financing for another Watchmen and Warner Brothers would keep that on tied up in court just out of spite. The bottom line is the fools at FOX have for some God forsaken reason is killing this movie. My hunch is New Corp is facing bankruptcy and this is a hail mary pass that is not going to be answered.
  • PHANTOM-STRANGER
    I don't care if Fox gets to release it as long as they don't re-cut it and screw it up. Whoever wins needs to keep Zach Snyder involved.

    Sent from my mobile using FeedM8
  • marz
    how can you make a WHOLE movie but not own it.did they not know that fox had the rights? i cant believe that they didnt.i thought they had people who checked into things like that.thats like me comming up with an invention i THINK i came up with first..spend all my money on it,then when im done making it,THEN i check the patent library to see if it has already been made.thats kinda ass backwards isn't it? i dont know.maybe theres more to the story that i dont know.i know folk are mad at fox but come on.is that fair? warner should have done their homework because now they have a movie that somebody else may have to put out.just imagine,coke coming up with a new flavor but pepsi already had rights to the ingredients so now coke has all this soda that they have to let pepsi sell? thats just plain weird....but hey,who woulda thought they'd be playing sega games on other systems so..it might work.just hate to see a good movie...a good FINISHED movie go into limbo.
  • Justin
    I'll wait until I actually see the movie to judge, but I have to say, it really isn't looking good. Watchmen, by its very nature, is one of the most difficult comics/graphic novels to adapt. The comic itself is very heavy on the internal monologue, and internal monologue is always awkward in movies which is why it is rarely done. Beyond that, there is the fact that Snyder has butchered the movie by ripping out Tales of the Black Freighter. Anyone who has read the comic can tell you how important Tales of the Black Freighter is to the overall understanding of Watchmen, frequently paralleling the themes of the story, and sometimes fleshing them out in even greater detail. Snyder has also changed key details of the ending (leaving them out for spoiler reasons). Combine all of this with Alan Moore completely disapproving of this movie and Zack Snyder directing (whose movie credits consist of a Dawn of the Dead remake and 300) and things aren't looking great for the Watchmen movie.

    I'm curious to see the movie and a little disappointed that it's being delayed, but Moore could well be right in that Watchmen just can't translate well to the big screen (especially with such a sub-par director at the helm).
  • I had a feeling Fox would get a ruling in their favor though I was hoping that Fox was reaching for straws on a small technicality. The fact Warner Bros didn't 100% secure the rights is their ultimate fuck up and now they're going to loose money. I hope a settlement involving distribution is reached and Fox gets no control on the film's final cut. I also hope Warner Bros. doesn't decide to drag the issue out in court with appeals causing the movie to be placed on indefinite hold.
  • hahafags
    Watchmen sucks it will be like seeing hancock (watchmenhancock ) GET IT
  • Since both parties will assuredly share the profits, it should be in both their interests to release it in March. This motherfucking judge.
  • Piper Jon
    Bottom line, someone didn't do their homework in researching the rights. If they had done the work, they would have known that Fox was the legal rights-owner, and would have worked with them on the front end. Now, because someone was lazy, or thought they could get around THE LAW, we, the fans, suffer and wait. If it's anyone we should be angry with, it's not Fox for demanding their legal due, it's the incompetent people responsible at WB for forgoing their responsibility to KNOW this information and ACT on it prior to the beginning of a project. Whether you like or dislike Fox, WB, DC Comics, or anyone else is irrelevant.
  • veXer
    Well, I have no desire to watch any Fox films for 2009...
  • AQueryan
    Watchmen's 03.06.09 release date will not be changed. The cosmic alignment of this most anticipated cinematic offering being released on the same day that Phish reunites is unalterable.
  • Branden
    This is very troubling news, but I hope that it would be a Fox/WB release.

    Fox wants to have the rights, because their 2008 slate sucked balls. They wants to take other people's thunder.

    The backlash will be swift if Fox get the injunction, and stops the film from coming out next year.
  • F FOX these guys suck Ass
  • if this movie gets pushed back bad things will happen to fox. i mean io understand the court ruling but fox is such a buzz kill
  • Yeah, damn Fox and their 'legal rights'.
  • Tomás Roa
    Awesome. Now we're going to have an edited, PG-13, Watchmen movie :(
  • Ford
    Regardless of headlines, they had 20 years to make this movie. If they didn't, why should they retain the rights to it?

    Stupid copyrights. I hate the whole concept. Especially in this day and age. Why did that producer have the rights to sell the comic book? Shouldn't it have been Alan Moore's to sell?
  • joshi38
    At the moment, Fox are probably looking at a full boycott of their shows and movies (i.e, a full pirating of said shows and movies) because of these forestalling/delaying tactics and the fact that they may want the movie shelved altogether after the things been finished won't help them much. Granted a full boycott by people who enjoy movies enough to care about this even if they haven't read the book as well as Watchmen fans isn't exactly a lot of people (we like to believe we are, but we're not) it'll still make a difference to them.

    The only logical way for them to continue without a public lynching would be to agree on co-distribution rights with Warner. Warner wouldn't like to give up full distribution rights and if Fox don't agree with co-distribution, it'll only leave the appeals courts, meaning the date will be pushed back even more (and we should have already seen this film by now) causing more bad press for Fox.
  • andru
    Well, in any case someone will probably leak a copy of the film onto the internet.

    Thus, they both lose, you can't stop the signal.
  • Either way Fox would get some money from the eventual Theatrical and DVD/Blu-ray sales. Man I hate Fox but I mostly hate WB for not handling this before production got started and before we got to see those amazing clips/trailers.
  • Not really surprising to say Fox had a relativity strong hand anyway off the bat, however I'd be very disappointed to see the 'Watchmen' film pushed back to mid-2009 and beyond.
  • This stinks... I knew that the commercials and the release date were just too good to be true considering nothing had been resolved. AAAahhhh!!
  • Ash Williams
    What the f@ck Fox wants? In some sites says that Fox wants Watchmen to improve Fox's image after years of doing shitty movies. With this move, yes, the people probably will still go to see Watchmen, but everybody will be hating Fox.

    With all the publicity, marketing and economic agents that they have. Anybody doesn't think that this will ruin the Fox image maybe forever?

    F@ck Fox!!
  • filmkid
    fuck FOX they see this movie going to be big next year they already know they going to flop with Dragonball and Street Fighter: The Legend of Chun-li films
  • dallegre
    There's only one rational way to respond to this.... PANIC! NOOOOOOOOOOOOOOOOOOOOOOOOOOO! *dies*
  • DanKerstetter
    Someone in Warner's legal department is getting or already has been shitcanned.
  • Cubfan
    I am boycotting all of Fox films in the future; they are just a bunch of idiot weasels. I hope Warner Brothers shelves the Movie and sticks it to Fox. Warner does not need the revenue since they have the deepest lineup of movies in 2009.
  • jason B
    we can thank nikki for that one.
  • jason B
    saying that the release date will be pushed back, as a few people have, is the definition of starting a rumor. you guys shouldn't worry about that one just yet. no need to get worked up about imaginary problems yet guys!
  • gah
    So as far as geek cinema in 09 we basically have...what? Terminator? Wolverine looks terrible. Camerons Avatar is a giant question mark and although he claims it breaks ground we've seen nothing to convince us of this. Marvel studios literally has nothing until '10. None of the DC heroes got a film coming out. Goddamn writers strike.
  • Might have to go see an arthouse film, support the independents or something? Heaven forbid.
  • I have a funny feeling Fox will just settle with a deal. Warners will pay out the nose, but Fox will most likely settle.
  • Andrew
    This is bullshit.

    Let's say you own a house, and a neighbor starts building a garage on your property. If you want to sue him and stop him, you start before the construction begins, so he doesn't have to knock down his damn garage. There's a case precedent for this, which I forget.

    Same goes for the movie. If you hear WB is making Watchmen and you own the rights to it, you file an injuction BEFORE THE FUCKING MOVIE GETS MADE. But no, they waited until after it was made so they could sit pretty and just get a cut of the profits.

    Assholes.
  • isthisbizzaroworld
    THIS IS OPPOSITE OF A CHRISTMAS MIRACLE
  • Seriously....
  • Dr. Know
    people -face it, warners was reckless and f'd up.
  • joshi38
    Doesn't mean we can't hate on Fox for choosing now to bring this up instead of a year or so ago when the movie was (very publicly) announced as in production. Fox are clearly striking when they know it'll be of greater loss for Warners, and unfortunately that means a greater loss for us as well as we've already been pretty hyped up about all this for a while now.
  • Fox didn't file this suit yesterday, they filed it in Feb. I blame WB for this debacle, not Fox.
  • joshi38
    Yeah, just read about that, guess it was mostly WB's fault.
  • September 11th
    OH LAWD
  • vader182
    As others have said, it's fucking ridiculous for fox to wait for the movie to be so close to release to file a lawsuit. Assholes. If the release date is pushed back, I'm going to punch something. Very hard.
  • Anger Problems...
  • According to most reports, Fox contacted Warner Bros many times before and during production. Warner Bros ignored Fox's copyright claims. Said to say, but it looks like Warner Bros was in the wrong here.
  • I understand that fox wants to get paid. It would be foolish not to press this. But if they delay the release, they will have to deal with a torrent of fanboy hatred that has seldom been experienced before. They better be careful.
  • /filmhatesfox
    G'DAMMIT. weird that WB should own Watchmen anyway seeing as DC was the publisher.
  • gah
    (sigh) it doesn't work that way. Yeah, I HATE Fox as much as the next guy, but this ruling doesn't come as a suprise to me after reading the details of the case. Anyway, i own the book and that's all that matters. The movie will probably end up being the dumb cousin to Alan Moore's masterpiece.
  • GOOFRIP
    haha
blog comments powered by Disqus